“It is a guideline to the government when considering to ban books,” Abdullah Abdul Rahman, counsel for Faisal, told FMT.
The Court of Appeal today reversed a High Court decision to uphold Putrajaya’s ban on four literary works penned by Faisal, whose real name is Faizal Musa, a fellow at the Institute of the Malay World and Civilisation at Universiti Kebangsaan Malaysia.
The four books are “Sebongkah Batu di Kuala Berang”, “Karbala”, “Tiga Kali Seminggu” and “Ingin Jadi Nasrallah”.
The home ministry said his novels contain elements of Shia Islam, the school of thought labeled as “deviant” by Malaysia’s Islamic authorities.
The three-member bench at the appeals court led by Tengku Maimun Tuan Mat today said the ministry violated Faisal’s right to freedom of expression. It also said the order was not made in accordance with Section 7(1) of the Printing Presses and Publications Act 1984, and therefore illegal.
Two other members of the bench are Ahmadi Asnawi and Zaleha Yusof.
Tengku Maimun said they had read the four books and did not find them a danger to the public and national security, reasons frequently cited by the Malaysian government in banning thousands of books over the decades.
Zaleha, who wrote today’s judgment, said the bench could not understand how the books could create public disorder or be a threat to national security.
When contacted, Faisal, 44, who is a regular columnist for FMT, was coy about the decision, and politely declined to comment.
Meanwhile, lawyer Amer Hamzah welcomed the decision.
“The decision of the court is laudable. The ministry should not be banning books that they do not agree with.
“Just because they disagree with the views expressed does not mean it should be banned. I think people may have different opinions. Let the readers make a decision on the contents of the book.”
He said even Adolf Hitler’s Mein Kampf, which outlines the Nazi ideology, is sold at bookstores.
“I may disagree with the contents and views expressed by Hitler, but should the book be banned?
“For societies to be more mature, there should be intellectual discourse,” he said.
Faisal’s three other works remain banned. They are “Perempuan Nan Bercinta”, “Sinema Spiritual: Dramaturgi dan Kritikan” and “Aku ____, Maka Aku Ada!”
The shariah graduate has frequently tackled controversial topics in his novels. His latest novel, “Profesor”, centres around a Muslim lesbian character.
The author, who in 2006 was awarded the National Art Award from the Malaysian government, has often faced criticism from some Muslim groups over his sympathy for Shia Muslims.